Clarification re Tom Kagan

[anerlich]

Lawrence wrote, on a thread which is now closed:

It also made me think of something clever and cool that Andrew N. posted a while back that is worth repeating (paraphrased): "The gap between theory and practice is a lot smaller in theory than it is in practice."

I would like to clarify that it was indeed Tom who first posted this epigram - and I believe I attributed it as correctly as my failing memory allowed when I quoted it later.

I thought it important to mention this and avoid potential legal action, since on other threads some who apparently have drunk too much red Kool-Aid seem to be lawyering up and heading for the Supreme Court

[Ultimatewingchun]

Ha, Ha, Ha...!!!

I'm gonna steal that one.

Please don't sue me, Tom.

[lawrenceofidaho]

Sorry, Guys!

(Thanks for the clarification, Andrew.)

Tom, -you da man!

[Tom Kagan]

Oh my gawd.

This has to be some sort of trick. Next thing you know, someone will be trying to tell me that Capt. Kirk, T.J. Hooker, and Denny Crane are all the same guy!


First lawrenceofidaho admits it, then anerlich and Ultimatewingchun also admit they've read my post. Then, they admit they like it! What is this forum coming to?? I thought everyone was supposed to be irked, annoyed, deny I make any sense, then claim that they've put me on their "ignore" filter - all the while being secretly jealous but profoundly awed by my mere presence on this forum. I am shocked! (Shocked, I tell you!)

I must be losing my touch - back to pixie school for me.


"The difference between theory and practice is a lot larger in practice than in theory."

Copyright (c) 2004 by Tom Kagan. All rights reserved. Renewed copyright (c) 2005 by Tom Kagan. All rights reserved. The above catchphrase is a wholey owned copyright (c) of Tom Kagan. No party may use the catchphrase, in whole or in part, or any in derivation thereof, without the expressed written permission of Tom Kagan. The unauthorised reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.

[reneritchie]

There does of course remain the parody exception...

[Tom Kagan]

There does of course remain the parody exception...

(Aw Jeez, now you want to get technical.)

Parody may fall under "fair use." Regardless, this is not an exception to legal compliance of copyright. You can use it as a defense, though. That means the burden of proof is on you to show it was fair use.

But, if you still really, really, really, really want to get technical, claims to individual words, phrases and/or slogans would not be covered under copyright law but under trademark and servicemark law.


"The difference between theory and practice is six drinks." (tm)


[NOTE: My company won a landmark injunction which helped define what constitutes a legal claim to a copyright or trade secret in an electronic world: Fabkom v. RW Smith & Assoc., Inc. 1996 US Dist. LEXIS 13686 (SDNY)]

[reneritchie]

Thanks Tom! From the bottom of my sick-of-having-to-deal-with-IP-lawyers heart.

Why not just get a patent, though? Didn't you also invent Tuesdays?

Or are you afraid of third-world knock-offs?

[lawrenceofidaho]

[NOTE: My company won a landmark injunction which helped define what constitutes a legal claim to a copyright or trade secret in an electronic world: Fabkom v. RW Smith & Assoc., Inc. 1996 US Dist. LEXIS 13686 (SDNY)]

Tom,

I've already brought in a few million marketing your P.L.U.M. program.......
http://ezine.kungfumagazine.com/foru...5&page=2&pp=15

-But now after all this legal insight, I realize that you are probably entitled to some of those dollars........

Expect a check from me in the mail later this week.

-Lawrence

[Tom Kagan]

Okay, I confess:

It's a very old Finnish proverb. It goes along quite nicely with another which translates as "Stupid head whole body suffers."

I'm done with the vanity bit. Atribute the quote to whomever you like.